Module Code: H8ML
Long Title Marketing Law
Title Marketing Law
Module Level: LEVEL 8
EQF Level: 6
EHEA Level: First Cycle
Credits: 10
Module Coordinator: MICHAEL BANE
Module Author: KAREN MURRAY
Departments: School of Business
Specifications of the qualifications and experience required of staff  
Learning Outcomes
On successful completion of this module the learner will be able to:
# Learning Outcome Description
LO1 Demonstrate a comprehensive knowledge of the structure and function of the legal system and the regulation of marketing practices.
LO2 Critically analyse the fundamentals of contract and commercial law which apply in a marketing context.
LO3 Evaluate the legal protections afforded to personal data in the context of marketing goods and services.
LO4 Critically analyse laws and standards protecting consumers in sales and advertising.
LO5 Distinguish between and assess different methods of protecting intellectual property domestically and internationally.
LO6 Apply marketing laws and standards to hypothetical scenarios, and evaluate appropriate legal remedies, redress and best practice.
Dependencies
Module Recommendations

This is prior learning (or a practical skill) that is required before enrolment on this module. While the prior learning is expressed as named NCI module(s) it also allows for learning (in another module or modules) which is equivalent to the learning specified in the named module(s).
No recommendations listed
Co-requisite Modules
No Co-requisite modules listed
Entry requirements  
 

Module Content & Assessment

Indicative Content
The Irish Legal System
• Sources of Irish law • Civil law and criminal law • Administration of justice • Alternative methods of resolving disputes • Regulators
Contract Law
• Differentiating duty of care and contractual obligations. • Formation of contracts • Terms – Governing law/jurisdiction clauses. • Matters affecting a contracts validity • Discharge of contracts and remedies for breach.
Commercial and Consumer Protection
• Commercial Actors (sole traders, partnerships, corporations). • Regulation of advertisements– Legal framework – Advertising standards, role of regulatory structures. • Consumer protection legal framework including the regulation of marketing practices • Data Protection Law – Legal Framework – personal data, processing operations, obligations on the data controller, lawful basis, principles, rights, enforcement, redress, direct marketing rules, data protection and new marketing technologies.
Intellectual Property Law
• Introduction to Intellectual Property law and Exploitation - Licences and Assignments. • Patent Law: Registration, International Protection, Duration, Infringements and Remedies. • Copyright Law: Protected works, Duration, Rights, Infringement and Remedies. • Trademark Law: Domestic. International Protection. Registration, Grounds for Refusal, Infringement and Redress. • Regulation of domain name disputes. • Design protection • Duty of confidence: scope of protection, remedies. • Tort of Passing Off.
Assessment Breakdown%
Coursework30.00%
End of Module Assessment70.00%

Assessments

Full Time

Coursework
Assessment Type: Continuous Assessment % of total: 30
Assessment Date: n/a Outcome addressed: 1,2,3,4,5,6
Non-Marked: No
Assessment Description:
The first assessment will examine key legal principles and may take the following form: Multiple Choice Quiz which will be a mix of conventional multiple-choice questions and scenario based questions; or a bespoke case study question; or seen case study question; or presentation style assessment.
End of Module Assessment
Assessment Type: Terminal Exam % of total: 70
Assessment Date: End-of-Semester Outcome addressed: 1,2,3,4,5,6
Non-Marked: No
Assessment Description:
2 hour in person examination – mix of problem and essay style questions
No Workplace Assessment
Reassessment Requirement
Repeat examination
Reassessment of this module will consist of a repeat examination. It is possible that there will also be a requirement to be reassessed in a coursework element.
Reassessment Description
Learners will be required to undertake a terminal examination which will assess all learning outcomes.

NCIRL reserves the right to alter the nature and timings of assessment

 

Module Workload

Module Target Workload Hours 0 Hours
Workload: Full Time
Workload Type Workload Description Hours Frequency Average Weekly Learner Workload
Lecture Classroom and demonstrations 36 Per Semester 3.00
Tutorial Mentoring and small-group tutoring 12 Per Semester 1.00
Independent Learning Time Independent learning 202 Per Semester 16.83
Total Weekly Contact Hours 4.00
 

Module Resources

Recommended Book Resources
  • White F.,. (2020), Commercial and Economic Law in Ireland, The Netherlands: Wolters Kluwer.
  • EBOOK, https://library.ncirl.ie/items/33471?query=white%2C+fidelma&resultsUri=items%3Fquery%3Dwhite%252C%2Bfidelma%26target%3Dcatalogue&target=catalogue).
Supplementary Book Resources
  • Clark, R., Smyth, S. and Hall, N.. (2017), Intellectual Property Law in Ireland, Bloomsbury Professional, Dublin.
  • Clark R.. (2016), Contract Law in Ireland, 8th Ed. Roundhall, Dublin.
  • Forde M.. (2020), Commercial Law, 4th Ed. Bloomsbury Professional, Dublin.
  • Keenan A.,. (2021), Essentials of Irish Business Law,, 7th Ed. Boru Press, Dublin.
  • Kelleher D. and Murray K.. (2018), EU Data Protection Law, Bloomsbury Professional, Dublin.
This module does not have any article/paper resources
Other Resources
Discussion Note: